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AF | BCMR | CY2010 | BC-2010-02132
Original file (BC-2010-02132.txt) Auto-classification: Denied
 

 RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02132 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

His Separation Designation Number (SDN) be changed from “277” 
(Physical Disability, not entitled to severance pay) to “273” 
(Physical Disability, entitled to severance pay). 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

He was perfectly healthy prior to entering the Air Force and 
injured his right ankle in his 7th week of basic training. He 
was advised that if he was treated at that time that he would be 
held back and would not be able to finish with his unit. He was 
treated and suffered through the last week. Fortunately, his 
next training was in the classroom so he was able to stay off 
his ankle; however, as soon as he started guard duty and was 
required to walk 8 hours his ankle began swelling and hurting. 

 

He never stated that he had injured his ankle because he never 
had and was unaware that his records reflected that he had 
injured his ankle six years prior to entering the Air Force 
until he requested a copy of his records. 

 

In support of his appeal, the applicant provides letters of 
support from his sister, a friend, and his coach and additional 
documents from his master personnel record (MPR). 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was honorably discharged under the provisions of 
AFM 35-4, on 23 Feb 71, for physical disability, not entitled to 
receive disability severance pay, and a corresponding SDN of 
277. He was credited with 7 months and 10 days of active duty 
service. 

 


The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained 
in the letter prepared by the appropriate office of the Air 
Force. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

AFPC/DPSD recommends denial, stating, in part, the preponderance 
of evidence reflects that no error or injustice occurred during 
the disability process or at time of separation. The veteran’s 
request to amend or change his DD Form 214 would be in violation 
of Air Force Instructions and is not authorized. 

 

The complete AFPC/DPSD evaluation is at Exhibit C. 

 

The BCMR Medical Consultant recommends denial. In his 
discussion of the application, he notes that there is no medical 
evidence of an injury during basic military training (BMT), 
other than the applicant’s self-report of this occurrence on 
this application. The medical progress note, dated 2 Nov 70, 
indicates that the applicant reported that he “broke [his] right 
ankle six years ago.” There is no evidence to show this to be 
an errant statement of contents not uttered by the applicant. 
An x-ray analysis of the ankle entered 7 Dec 70 showed “some 
bony overgrowth” of the medial malleolus. Where there has been 
a significant past injury to a joint, e.g., fracture, the 
healing process often manifests as an overgrowth of bone, 
referred to as an osteophyte, at the fracture site or 
articulation point. While it is clinically possible that a 
fracture sustained during BMT in Jul/Aug 70 could conceivably 
manifest healing with osteophyte formation 16 weeks later, it is 
unlikely that such an acute injury would have resolved with an 
ace bandage, without the need for acute care, such as splinting, 
partial or no weight-bearing with use of crutches for at least a 
brief period. Thus, taken collectively the x-ray findings, the 
applicant’s self-report of an injury “6 years ago,” 
notwithstanding the letter of support from his sister and high 
school athletic coach, the Medical Consultant opines, based upon 
a preponderance of evidence, the applicant has not met his 
burden of proof of an error or injustice that warrants the 
desired change of the record. 

 

The complete BCMR Medical Consultant evaluation, with 
attachment, is at Exhibit D. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 2 Feb 11 for review and comment within 30 days. As 


of this date, no response has been received by this office 
(Exhibit E). 

 

________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. We took notice 
of the applicant's complete submission, including the letters of 
support submitted in his behalf, in judging the merits of the 
case. However, we agree with the opinions and recommendations 
of the Air Force office of primary responsibility and the BCMR 
Medical Consultant and adopt their rationale as the basis for 
our conclusion that the applicant has not been the victim of an 
error or injustice. Therefore, in the absence of evidence to 
the contrary, we find no basis to recommend granting the relief 
sought in this application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-02132 in Executive Session on 3 March 2011, under 
the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, undated, w/atchs . 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSD, dated 16 Sep 10. 

 Exhibit D. Letter, BCMR Medical Consultant, 

 dated 31 Jan 11, w/atch. 

 Exhibit D. Letter, SAF/MRBR, dated 2 Feb 11. 

 

 

 

 Panel Chair 



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